EXHIBIT 10.58
[IBM LOGO]
5600 Cottle Road
San Jose, CA 95193 0001
September 29, 2003
Brocade Communications Systems, Inc.
1745 Technology Drive
San Jose, CA 95110
Attention: Mr. Michael Harrison
Subject: Amendment 13 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68
Dear Michael:
This letter (the "Amendment") serves as Amendment Number 13 to SOW#1, including
all amendments thereto ("SOW#1") of the Goods Agreement ROC-P-68, including all
amendments thereto (the "Goods Agreement") which the parties hereto do mutually
agree to amend as follows:
1. Delete pricing table in its entirety in Section 2.1, "Pricing" and replace
with the following:
IBM P/N / NUMA-Q
P/N BROCADE P/N DESCRIPTION UNIT PRICE
- -------------------------------- --------------------- ------------------------ --------------------------------
[*] [*] 8-Port Fibre Channel [*]
Switch Single Power
Supply (SW2400)
Includes SES, Web
tools, Zoning and
Fabric Watch - whole
unit switch Product
[*] [*] 16 Port Fibre Channel [*]
Switch Single Power
Supply (SW2800)
Includes SES, Web
tools, Zoning and
Fabric Watch - whole
unit switch Product
[*] [*] Silkworm 2000 Power [*]
Supply
[*] [*] Mainboard, SW 2400 [*]
(8-port)
[*] [*] Fan Tray, SW 2400 [*]
(8-port)
[*] [*] Chassis, SW 2400 (8- [*]
port)
[*] [*] Mainboard, SW 2800 [*]
(16-port)
[*] [*] Fan Tray, SW 2800 [*]
(16-port)
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* Certain information on this page has been omitted and filed separately with
the Commission.
Confidential treatment has been requested with respect to the omitted portions.
Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68
September 29, 2003
Confidential Information
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[*] [*] Chassis, SW 2800 (16- [*]
port) with operator
panel / LCD
[*] [*] Quick Loop License [*]
[*] [*] Fabric Watch License [*]
[*] [*] Extended Fabrics [*]
[*] [*] Extended Fabrics [*]
[*] [*] Remote Switch [*]
[*] [*] Remote Switch [*]
[*] [*] 8 Port Fibre Channel [*]
Switch Single Power
Supply (SW3200) Includes
Web Tools and Advance
Zoning (to be included
prior to 10/28/03 for
availability for Buyer
customer shipments)
[*] [*] 8 Port Fibre Channel [*]
Switch Single Power Note: Price for part number [*]
Supply (SW3200) will be [*].
Includes Web Tools,
Full Fabric Upgrade
Zoning and Fabric
Watch
[*] [*] Full Fabric Upgrade [*]
Includes Advance
Zoning and Fabric
Watch
[*] [*] 16 Port Fibre Channel [*]
Switch Single Power
Supply (SW3800)
Includes Web tools,
Advance Zoning and
Fabric Watch - whole
unit switch Product
[*] [*] Fan (SW3800) [*]
[*] [*] Power Supply [*]
(SW3800)
[*] [*] Mainboard FRU [*]
(SW3800)
[*] [*] 32 Port Fibre Channel [*]
Switch Double Power
Supply (SW3900)
Includes, Webtools,
Advance Zoning,
Fabric Watch,
Trunking, and
Performance Monitor-
whole unit switch
Product
- --------
* Certain information on this page has been omitted and filed separately with
the Commission.
Confidential treatment has been requested with respect to the omitted portions.
Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68
September 29, 2003
Confidential Information
2 of 5
[*] [*] Fan (SW3900) [*]
[*] [*] Power Supply [*]
(SW3900)
[*] [*] Mainboard FRU [*]
(SW3900)
[*] [*] LUN Zoning [*]
[*] [*] LUN Zoning [*]
[*] [*] LUN Zoning [*]
[*] [*] Secure Fabric OS [*]
(SW3200)
[*] [*] Secure Fabric OS [*]
(SW3800)
[*] [*] 1Gb Secure Fabric OS [*]
[*] [*] Secure Fabric OS [*]
(SW3900)
[*] [*] Secure Fabric OS [*]
(SW12000) Note 1: Supplier will provide to
Buyer [*] will be provided to
Buyer by Supplier [*].
Note 2: In addition [*] Supplier
will provide a [*] to Buyer if
Buyer [*].
[*]
[*] [*] Performance Bundle [*]
(Trunking and
Performance
Monitoring)
[*] [*] Performance Bundle [*]
(Trunking and
Performance
Monitoring)
[*] [*] 32 Port Fibre Channel [*]
Core Switch
(SW12000) Includes 2 Note 1: If Buyer purchases a [*]
Stiletto Port Blades, 2 Supplier will [*] of those units
CP Blades, 4 Power purchased during the [*].
Supplies, 3 Blowers, 6 Note 2: If Buyer purchases a [*]
Port Blade Filler Supplier will [*] purchased
Panels, 1 Cable during the [*]
Management Pillar,
Fabric OS, Advanced
Web Tools, Advanced
Zoning, Fabric Watch,
Performance
Monitoring, Trunking.
[*] [*] Rack Mounting Kit [*]
14U, FRU
[*] [*] Switch Blade 16 port, [*]
2GB
- --------
* Certain information on this page has been omitted and filed separately with
the Commission.
Confidential treatment has been requested with respect to the omitted portions.
Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68
September 29, 2003
Confidential Information
3 of 5
[*] [*] Switch Blade 16 port, 2Gb, FRU [*]
[*] [*] Chassis Door, Includes Plastic and Metal door Components and IBM [*]
Front Badge
[*] [*] Control Processor Blade [*]
[*] [*] Stiletto Port Blade Slot Filler Panel, SW12000, FRU [*]
[*] [*] Power Supply , 180- 264VAC, 1000W, FRU [*]
[*] [*] Blower Assembly, FRU [*]
[*] [*] Cable Management Pillar, FRU [*]
[*] [*] WWN Card [*]
[*] [*] Power Plug, Switch and Distribution Panel [*]
[*] [*] Chassis FRU, includes backplane, blower and power supply backplane, AC [*]
and blower harness.
[*] [*] Rear WWN Bezel Assy [*]
[*] [*] Cable Management Tray [*]
[*] [*] AC Power Cord, FRU [*]
[*] [*] AC Power Cord, UK/Ireland, 250V, FRU [*]
[*] [*] AC Power Cord, Cont. Europe CEE7/7, FRU [*]
[*] [*] AC Power Cord, AUST/INZ, 250V [*]
[*] [*] AC Power Cord, Intl IEC [*]
[*] [*] Remote Switch software [*]
[*] [*] Extended Fabric software [*]
[*] [*] Fabric Manager 3.x [*]
[*] [*] Fabric Manager 4.x- Enterprise (Unlimited copies per one server/PC) [*]
- ---------------
* Certain information on this page has been omitted and filed separately with
the Commission.
Confidential treatment has been requested with respect to the omitted portions.
Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68
September 29, 2003
Confidential Information
4 of 5
[*] [*] Fabric Manager 4.x - 3.0 to 4.x Upgrade to Enterprise (Unlimited copies [*]
per one server/PC)
[*] [*] Fabric Manager 4.x with 10 Domains [*]
[*] [*] Fabric Manager 4.x Upgrade from 10 Domains to Maximum Domains [*]
[*] [*] ISL Trunking (SW3200) [*]
[*] [*] ISL Trunking (SW3800) [*]
All prices are in U.S. dollars.
Please have your authorized representative indicate acceptance thereof by
signing both copies of the Amendment and returning one copy to the attention of
Karen Takahashi at 5600 Cottle Road, San Jose, California 95193.
The effective date of this Amendment shall be the date on the top of this
Amendment (the "Effective Date").
The parties acknowledge that they have read this Amendment, understand it, and
agree to be bound by its terms and conditions. All capitalized terms not defined
herein shall have the meaning set forth in the Goods Agreement or the SOW #1.
All other terms and conditions of the Goods Agreement and SOW#1 that are
unaffected by the revisions set forth in this Amendment shall remain in full
force and effect. Further, the parties agree that this Amendment and the Goods
Agreement and SOW#1 are the complete and exclusive statement of the agreement
between the parties, superseding all proposals or other prior agreement, oral or
written, and all other communications between the parties relating to this
subject.
ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO:
INTERNATIONAL BUSINESS MACHINES BROCADE COMMUNICATIONS SYSTEMS,
CORPORATION INC.
By: /s/ Karen Takahashi 10/6/03 By: /s/ Jack Cuthbert 10/01/03
----------------------------- --------------------------------
Authorized Signature Date Authorized Signature Date
Karen Takahashi Jack Cuthbert
- ---------------------------------- -------------------------------------
Type or Print Name Type or Print Name
Procurement Commodity Mgr. V.P. OEM Sales
- ---------------------------------- -------------------------------------
Title & Organization Title & Organization
- -----------------
* Certain information on this page has been omitted and filed separately with
the Commission.
Confidential treatment has been requested with respect to the omitted portions.
Amendment #13 to SOW#1 of IBM/Brocade Agreement ROC-P-68
September 29, 2003
Confidential Information
5 of 5